Security Levels

Statutory Authorities

Title 46 Sec. 2103. Superintendence of the
merchant marine

The Secretary has general superintendence over
the merchant marine of the United States and of merchant marine
personnel insofar as the enforcement of this subtitle is
concerned and insofar as those vessels and personnel are not
subject, under other law, to the supervision of another official
of the United States Government. In the interests of marine
safety and seamen's welfare, the Secretary shall enforce this
subtitle and shall carry out correctly and uniformly administer
this subtitle. The Secretary may prescribe regulations to carry
out the provisions of this subtitle.

Title 46 Sec. 2107. Civil penalty procedures

(a) After notice and an opportunity for a
hearing, a person found by the Secretary to have violated this
subtitle or a regulation prescribed under this subtitle for which
a civil penalty is provided, is liable to the United States
Government for the civil penalty provided. The amount of the
civil penalty shall be assessed by the Secretary by written
notice. In determining the amount of the penalty, the Secretary
shall consider the nature, circumstances, extent, and gravity of
the prohibited acts committed and, with respect to the violator,
the degree of culpability, any history of prior offenses, ability
to pay, and other matters that justice requires. (b) The
Secretary may compromise, modify, or remit, with or without
consideration, a civil penalty under this subtitle until the
assessment is referred to the Attorney General. (c) If a person
fails to pay an assessment of a civil penalty after it has become
final, the Secretary may refer the matter to the Attorney General
for collection in an appropriate district court of the United
States.